[Federal Register Volume 75, Number 141 (Friday, July 23, 2010)]
[Rules and Regulations]
[Pages 43082-43088]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-17776]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 300

[EPA-R03-SFUND-2010-0436; FRL-9177-8]


National Oil and Hazardous Substances Pollution Contingency Plan; 
National Priorities List: Partial Deletion of the Letterkenny Army 
Depot Southeastern (SE) Area and Letterkenny Army Depot Property 
Disposal Office (PDO) Area Superfund Sites

AGENCY: Environmental Protection Agency.

ACTION: Direct final rule.

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SUMMARY: The Environmental Protection Agency (EPA) Region III is 
publishing a direct final Notice of Deletion of portions of the 
Letterkenny Army Depot Southeastern (SE) Area and Letterkenny Army 
Depot Property Disposal Office (PDO) Area (Sites), located in 
Chambersburg, PA, from the National Priorities List (NPL). The NPL, 
promulgated pursuant to section 105 of the Comprehensive Environmental 
Response, Compensation, and Liability Act (CERCLA) of 1980, as amended, 
is an appendix of the National Oil and Hazardous Substances Pollution 
Contingency Plan (NCP). This direct final partial deletion is being 
published by EPA with the concurrence of the Commonwealth of 
Pennsylvania, through the Pennsylvania Department of Environmental 
Protection (PADEP), because EPA has determined that all appropriate 
response actions at these identified parcels under CERCLA, other than 
operation, maintenance, and five-year reviews, have been completed. 
However, this partial deletion does not preclude future actions under 
Superfund.
    This partial deletion pertains to the soil and groundwater of 
parcels 24, 27, 28, 2-53, 2-53L, 2-54, 2-54L, 2-70, 2-70L, 3-89, 3-90, 
and 3-91. All other parcels within the site boundaries of Letterkenny 
Army Depot SE and PDO Areas will remain on the NPL and are not being 
considered for deletion as part of this action.

DATES: This direct final partial deletion is effective September 21, 
2010 unless EPA receives adverse comments by August 23, 2010. If 
adverse comments are received, EPA will publish a timely withdrawal of 
the direct final partial deletion in the Federal Register informing the 
public that the partial deletion will not take effect.

ADDRESSES: Submit your comments, identified by Docket ID no. EPA-R03-
SFUND-2010-0436, by one of the following methods:
     http://www.regulations.gov. Follow on-line instructions 
for submitting comments.
     E-mail: hoover.gerald@epa.gov.
     Fax: (215) 814-3025, Attn: Gerald Hoover.
     Mail or Hand Delivery to: U.S. Environmental Protection 
Agency, Region III, Attn: Gerald Hoover (3HS11), 1650 Arch Street, 
Philadelphia, PA 19103-2029. Phone: (215) 814-2077. Business Hours: 
Mon. thru Fri.--9 a.m. to 4 p.m.
    Instructions: Direct your comments to Docket ID no. EPA-R03-SFUND-
2010-0436. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available online at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through http://www.regulations.gov or e-mail. The http://www.regulations.gov Web site 
is an ``anonymous access'' system, which means EPA will not know your 
identity or contact information unless you provide it in the body of 
your comment. If you send an e-mail comment directly to EPA without 
going through http://www.regulations.gov, your e-mail address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the Internet. If you 
submit an electronic comment, EPA recommends that you include your name 
and other contact information in the body of your comment and with any 
disk or CD-ROM you submit. If EPA cannot read your comment due to 
technical difficulties and cannot contact you for clarification, EPA 
may not be able to consider your comment. Electronic files should avoid 
the use of special characters, any form of encryption, and be free of 
any defects or viruses.
    Docket: All documents in the docket are listed in the http://www.regulations.gov index. Although listed in the index, some 
information is not publicly available, e.g., CBI or other information 
whose disclosure is restricted by statute. Certain other material, such 
as copyrighted material, will be publicly available only in hard copy. 
Publicly available docket materials are available either electronically 
in http://www.regulations.gov or at:

U.S. EPA Region III, Library, 2nd Floor, 1650 Arch Street, 
Philadelphia, PA, 19103-2029. Phone: (215) 814-5254. Business Hours: 
Mon. thru Fri.--8 a.m. to 5 p.m.
Letterkenny Army Depot, Building 14, Chambersburg, PA 17201-4150. POC: 
Bryan Hoke. Phone: 717-267-9836.

[[Page 43083]]


FOR FURTHER INFORMATION CONTACT: Gerald Hoover, Remedial Project 
Manager (3HS11), U.S. Environmental Protection Agency, Region III, 1650 
Arch Str., Philadelphia, PA 19103-2029, (215) 814-2077.

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Introduction
II. NPL Deletion Criteria
III. Partial Deletion Procedures
IV. Basis for Site Partial Deletion
V. Partial Deletion Action

I. Introduction

    EPA Region III is publishing this direct final Notice of Partial 
Deletion of portions of the Letterkenny Army Depot Southeastern (SE) 
Area and Letterkenny Army Depot Property Disposal Office (PDO) Area 
(Sites) from the National Priorities List (NPL). This partial deletion 
pertains to the soil and groundwater of parcels 24, 27, 28, 2-53, 2-
53L, 2-54, 2-54L, 2-70, 2-70L, 3-89, 3-90, and 3-91. The NPL 
constitutes Appendix B of 40 CFR part 300, which is the Oil and 
Hazardous Substances Pollution Contingency Plan (NCP), which EPA 
promulgated pursuant to Section 105 of the Comprehensive Environmental 
Response, Compensation and Liability Act (CERCLA) of 1980, as amended. 
EPA maintains the NPL as the list of sites that appear to present a 
significant risk to public health, welfare, or the environment. Sites 
on the NPL may be the subject of remedial actions financed by the 
Hazardous Substance Superfund (Fund). This partial deletion of the 
Letterkenny Army Depot SE and PDO Areas is proposed in accordance with 
40 CFR 300.425(e) and is consistent with the Notice of Policy Change: 
Partial Deletion of Sites Listed on the National Priorities List. 60 FR 
55466 (Nov. 1, 1995). As described in 300.425(e)(3) of the NCP, a 
portion of a site deleted from the NPL remains eligible for Fund-
financed remedial action if future conditions warrant such actions.
    Because EPA considers this action to be noncontroversial and 
routine, this action will be effective September 21, 2010 unless EPA 
receives adverse comments by August 23, 2010. Along with this direct 
final Notice of Partial Deletion, EPA is co-publishing a Notice of 
Intent for Partial Deletion in the ``Proposed Rules'' section of the 
Federal Register. If adverse comments are received within the 30-day 
public comment period on this partial deletion action, EPA will publish 
a timely withdrawal of this direct final Notice of Partial Deletion 
before the effective date of the partial deletion and the partial 
deletion will not take effect. EPA will, as appropriate, prepare a 
response to comments and continue with the deletion process on the 
basis of the Notice of Intent for Partial Deletion and the comments 
already received. There will be no additional opportunity to comment.
    Section II of this document explains the criteria for deleting 
sites from the NPL. Section III discusses procedures that EPA is using 
for this action. Section IV discusses the parcels 24, 27, 28, 2-53, 2-
53L, 2-54, 2-54L, 2-70, 2-70L, 3-89, 3-90, and 3-91 of the Letterkenny 
Army Depot SE and PDO Areas and demonstrates how they meet the deletion 
criteria. Section V discusses EPA's action to partially delete the 
parcels from the NPL unless adverse comments are received during the 
public comment period.

II. NPL Deletion Criteria

    The NCP establishes the criteria that EPA uses to delete sites from 
the NPL. In accordance with 40 CFR 300.425(e), sites may be deleted 
from the NPL where no further response is appropriate. In making such a 
determination pursuant to 40 CFR 300.425(e), EPA will consider, in 
consultation with the Commonwealth, whether any of the following 
criteria have been met:
    i. Responsible parties or other persons have implemented all 
appropriate response actions required;
    ii. All appropriate Fund-financed response under CERCLA has been 
implemented, and no further response action by responsible parties is 
appropriate; or
    iii. The remedial investigation has shown that the release poses no 
significant threat to public health or the environment and, therefore, 
the taking of remedial measures is not appropriate.
    Pursuant to CERCLA section 121(c) and the NCP, EPA conducts five-
year reviews to ensure the continued protectiveness of remedial actions 
where hazardous substances, pollutants, or contaminants remain at a 
site above levels that allow for unlimited use and unrestricted 
exposure. EPA conducts such five-year reviews even if a site is deleted 
from the NPL. EPA may initiate further action to ensure continued 
protectiveness at a deleted site if new information becomes available 
that indicates it is appropriate. Whenever there is a significant 
release from a site deleted from the NPL, the deleted site may be 
restored to the NPL without application of the hazard ranking system.

III. Deletion Procedures

    The following procedures apply to the deletion of parcels 24, 27, 
28, 2-53, 2-53L, 2-54, 2-54L, 2-70, 2-70L, 3-89, 3-90, and 3-91 of the 
Letterkenny Army Depot SE and PDO Areas:
    (1) EPA has consulted with the Commonwealth of Pennsylvania prior 
to developing this direct final Notice of Partial Deletion and the 
Notice of Intent for Partial Deletion co-published in the ``Proposed 
Rules'' section of the Federal Register.
    (2) EPA has provided the Commonwealth 30 working days for review of 
this notice and the parallel Notice of Intent for Partial Deletion 
prior to their publication today, and the Commonwealth, through the 
Pennsylvania Department of Environmental Protection (PADEP), has 
concurred on the partial deletion of the Sites from the NPL, with the 
condition that future use of the deleted parcels remains commercial/
industrial.
    (3) Concurrently with the publication of this direct final Notice 
of Partial Deletion, a notice of the availability of the parallel 
Notice of Intent for Partial Deletion is being published in a major 
local newspaper, The Chambersburg Public Opinion. The newspaper notice 
announces the 30-day public comment period concerning the Notice of 
Intent for Partial Deletion of the Sites from the NPL.
    (4) The EPA placed copies of documents supporting the partial 
deletion in the deletion docket and made these items available for 
public inspection and copying at the Sites' information repositories 
identified above.
    (5) If adverse comments are received within the 30-day public 
comment period on this partial deletion action, EPA will publish a 
timely notice of withdrawal of this direct final Notice of Partial 
Deletion before its effective date and will prepare a response to 
comments and continue with the deletion process on the basis of the 
Notice of Intent for Partial Deletion and the comments already 
received.
    Deletion of a portion of a site from the NPL does not itself 
create, alter, or revoke any individual's rights or obligations. 
Deletion of a portion of a site from the NPL does not in any way alter 
EPA's right to take enforcement actions, as appropriate. The NPL is 
designed primarily for informational purposes and to assist EPA 
management. Section 300.425(e)(3) of the NCP states that the deletion 
of a portion of a site from the NPL does not preclude eligibility for 
further response

[[Page 43084]]

actions, should future conditions warrant such actions.

IV. Basis for Partial Site Deletion

    The following information provides EPA's rationale for deleting 
portions of the Sites from the NPL:

Site Location

    Letterkenny Army Depot (LEAD) is located in south-central 
Pennsylvania in Franklin County, 5 miles north of the Borough of 
Chambersburg. The Depot covers 19,243 acres, most of which is devoted 
to ammunition storage. LEAD was the subject of two listings on the 
National Priorities List (NPL). The first was for the Southeastern (SE) 
Area, and the second was for the Property Disposal Office (PDO) Area. 
These two areas are separated by a major groundwater/surface-water 
drainage divide. The industrial and maintenance areas, which are 
primarily located in the southeastern corner of LEAD, encompass 
approximately 2,500 acres and include warehousing, vehicle storage, 
administration, industrial/maintenance, recreational activities, and 
housing. The infrastructure of this area includes roads; permanent, 
semi-permanent, and temporary structures; and utilities. Approximately 
1,235 acres at LEAD have been designated for ``realignment'' under the 
Base Realignment and Closure (BRAC) initiative. ``Realignment'' means 
that the mission at LEAD is changing and approximately 1,235 acres at 
LEAD have been designated for release and transfer (i.e., ``to-be-
excessed'' or to transfer ownership). The BRAC area is concentrated in 
the southeastern portion of LEAD, but is located in both the PDO and SE 
Areas. The BRAC area is being transferred to the Letterkenny Industrial 
Development Authority (LIDA) in phases. To date, LEAD has completed 
three parcel transfer phases, covering 761 acres. The Phase I parcels 
were transferred in 1998. The Phase II parcels were transferred in 
2002. The Phase III parcels were transferred in 2004.

Site Background and History

    LEAD was originally established as an ammunition storage facility, 
Letterkenny Ordnance Depot, in 1942. A vehicle maintenance program was 
started in 1947. In subsequent years additional missions were added and 
the facility was renamed the Letterkenny Army Depot in 1962. The 
principal missions at LEAD currently include maintenance, modification, 
storage, and demilitarization operations on tactical missiles, 
conventional ammunition, and tactical wheeled vehicles. Operations 
conducted at LEAD involved cleaning, stripping, plating, lubrication, 
demolition, chemical/petroleum transfer/storage, and washout/
deactivation of ammunition. Many of these missions/activities involved 
the use and/or disposal of chlorinated solvents, primarily 
trichloroethene (TCE) and 1,1,1-trichloroethane (TCA), along with 
petroleum hydrocarbons and other solvents.
    The Letterkenny Army Depot SE Area (EPA ID PA6213820503) was listed 
on the NPL in the final rule appearing in the 7/22/87 Federal Register 
(52 FR 27620-27642).
    The Letterkenny Army Depot PDO Area (EPA ID PA2210090054) was 
listed on the NPL in the final rule appearing in the 3/13/89 Federal 
Register (54 FR 10512-10517).
    The parcels to be deleted from the NPL are all in an area known as 
the Southern Martinsburg Shale Region (SMSR), which is an area 
underlain by the Martinsburg Shale. These parcels are located in both 
the SE Area and the PDO Area. All of these parcels have been 
transferred from the Army to the LIDA under the BRAC Act of 1995. These 
parcels have been incorporated into the Cumberland Valley Business Park 
which is a commercial/industrial business park. The property consists 
of industrial land, developed land, small stands of trees, open grassy 
areas, commercial recreational areas (golf course and community 
center), administration buildings, and former military housing. No 
wetlands are located within the parcels, and no Federal or state 
threatened or endangered species are known or suspected to exist within 
the parcels. Land located within an approximately 0.5-mile radius of 
the parcels includes industrial land to the north (including land to be 
retained by the Army), an industrial area to the east (other BRAC sites 
as well as land to be retained by the Army), agricultural land to the 
south, and industrial land to the west (other BRAC property). The 
parcels are accessible to the general public via Coffey Avenue, which 
was transferred to LIDA and is maintained by the local townships.
    This partial deletion covers the following parcels: 24, 27, 28, 2-
53, 2-53L, 2-54, 2-54L, 2-70, 2-70L, 3-89, 3-90, and 3-91 (See Table 
1).

                 Table 1--LIDA/Parcels and the Associated Media Included in the Partial Deletion
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           LIDA Parcel No.              Parcel No.       Decision document             Contaminated media
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24, 2-24B...........................              24  Phase I ROD, SEP 1998..  Soil & Groundwater.
                                                      Phase III ROD, AUG 2003  Soil & Groundwater.
27, 2-27B, 3-27C, 3-27D.............              27  Phase I ROD, SEP 1998..  Soil & Groundwater.
                                                      Phase II ROD, JULY 2001  Soil & Groundwater.
                                                      Phase III ROD, AUG 2003  Soil & Groundwater.
28, 3-28B...........................              28  Phase I ROD, SEP 1998..  Soil & Groundwater.
                                                      Phase III ROD, AUG 2003  Soil & Groundwater.
2-53................................            2-53  Phase II ROD, JULY 2001  Soil & Groundwater.
                                                      Phase III ROD, AUG 2003  Soil & Groundwater.
2-53L...............................           2-53L  Phase II ROD, JULY 2001  Soil & Groundwater.
                                                      Phase III ROD, AUG 2003  Soil & Groundwater.
2-54................................            2-54  Phase II ROD, JULY 2001  Soil & Groundwater.
                                                      Phase III ROD, AUG 2003  Soil & Groundwater.
2-54L...............................           2-54L  Phase II ROD, JULY 2001  Soil & Groundwater.
                                                      Phase III ROD, AUG 2003  Soil & Groundwater.
2-70................................            2-70  Phase II ROD, JULY 2001  Soil & Groundwater.
                                                      Phase III ROD, AUG 2003  Soil & Groundwater.
2-70L...............................           2-70L  Phase II ROD, JULY 2001  Soil & Groundwater.
                                                      Phase III ROD, AUG 2003  Soil & Groundwater.

[[Page 43085]]

 
3-89-1, 3-89-2, 3-89-3, 3-89-4, 3-89-           3-89  Phase III ROD, AUG 2003  Soil & Groundwater.
 5, 3-89-6, 3-89-7, 3-89-8, 3-89-9,
 3-89-10, 3-89-11, 3-89-12, 3-89-13,
 3-89-14, 3-89-15, 3-89-16, 3-89-17,
 3-89-18, 3-89-19, 3-89-20, 3-89-21,
 3-89-22, 3-89-23, 3-89-24, 3-89-25,
 3R-89-26, 3R-89-27, 3R-89-28, 3R-89-
 29.
3-90................................            3-90  Phase III ROD, AUG 2003  Soil & Groundwater.
3-91................................            3-91  Phase III ROD, AUG 2003  Soil & Groundwater.
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The location of these parcels within the boundaries of the SE and PDO 
sites can be seen on the map located in the site repositories.

Remedial Investigation and Feasibility Study (RI/FS)--Phase I Parcels

Parcel 24--Building 500 (Part of Soil SE OU 8)
    Parcel 24, which includes Building 500 and adjacent lands, was 
identified through historical aerial photographs as having been used 
for open vehicle storage early in LEAD's operation (post World War II). 
Two test trenches were completed in this parcel, and one sample was 
analyzed for Target Analyte List (TAL) metals and total petroleum 
hydrocarbons (TPH). The only compound that exceeded the screening 
criteria was arsenic, which slightly exceeded the EPA Region III risk-
based concentration (RBC). EPA and PADEP, along with the Army, as part 
of the BRAC Cleanup Team (BCT), agreed that the detected concentration 
did not warrant further remedial action for industrial use. Arsenic is 
a naturally occurring metal, and arsenic results obtained at LEAD are 
not inconsistent with the published background concentrations for this 
metal in Pennsylvania. Residential and child-intense use scenarios were 
not evaluated.
Parcel 27 and Parcel 28
    No evidence of soil contamination was identified for these two 
parcels and therefore no further work was necessary.
    At the time of the RI/FS for the Phase I Parcels, it was believed 
that there was groundwater contamination underlying all of the Phase I 
parcels. The human health risk assessment showed unacceptable risk if 
groundwater contact and use were unrestricted. The FS evaluated 
institutional controls as a remedy to restrict the property for 
commercial and industrial use only and to prevent exposure to the 
underlying groundwater.

Selected Remedy--Phase I Parcels

    The Phase I Parcels ROD was signed in September 1998. The selected 
remedy in the Phase I ROD was institutional controls. This was a final 
remedy with respect to soils, and an interim remedy for groundwater. 
The selected remedy included the following components:
    [dec222] Restricting the property for commercial and industrial use 
only.
    [dec222] Not permitting soil excavation activities below a depth of 
3 feet above the water table without prior approval of the Army.
    [dec222] Not permitting construction of any subsurface structure 
for human occupation without the prior approval of the Army, PADEP, and 
the EPA.
    [dec222] Restricting access or use of the groundwater underlying 
the property without the prior written approval of the Army, PADEP, and 
the EPA.

Remedial Investigation and Feasibility Study (RI/FS)--Phase II Parcels

Parcels 2-53, 2-54, and 2-70 (Phase II Parcels)
    No evidence of soil contamination was identified for these three 
parcels and therefore no further work was necessary.
    At the time of the Phase II transfer, it was believed that the 
groundwater underlying all of the Phase II parcels was contaminated 
with or potentially contaminated with volatile organic compounds. To 
expedite transfer, the Army and LIDA defined the Phase II parcels to 
exclude the groundwater. The Phase II parcels are defined to include 
only the surface structures and soil to a depth of 8 feet below ground 
surface (ft bgs), which is above the seasonal high groundwater table. 
The FS evaluated institutional controls as a remedy to prevent exposure 
to the underlying groundwater.

Selected Remedy--Phase II Parcels

    The Phase II Parcels ROD was signed in July 2001. The Phase II ROD 
determined that no action is necessary to protect public health or 
welfare, or the environment from the soil at parcels 2-53, 2-54 and 2-
70. Because of the suspected groundwater contamination throughout the 
Phase II parcels, the selected interim remedy for groundwater in the 
Phase II ROD consisted of land use controls. The land use controls 
include the following restrictions:
    [dec222] Prohibiting soil excavation, digging, drilling, or other 
soil-disturbing activities below a depth of 3 ft above the water table 
without the prior approval of the Army.
    [dec222] Prohibiting access to or the use of the groundwater 
underlying the Phase II parcels without the prior approval of the Army, 
PADEP, and EPA.
    [dec222] Prohibiting construction of any subsurface structure for 
human occupation without the prior approval of the Army, PADEP, and 
EPA.
    LIDA's final reuse plan calls for industrial/commercial use for the 
majority of the Phase II parcels. There are zoning restrictions imposed 
by Greene Township to preclude residential use of land that includes 
Parcels 2-53, 2-54, and 2-70. However, those restrictions are 
independent of the NPL status of the Site and are not a result of 
environmental contamination.

Remedial Investigation and Feasibility Study (RI/FS)--Phase III Parcels

Soil
    Parcel 3-89:
    Parcel 3-89 comprises the majority of the Phase III parcels/SMSR 
area and is located in both the PDO and SE Areas. The parcel consists 
of approximately 191 acres on the northern side of Carbaugh Avenue and 
the western side of Coffey Avenue. Soil investigations were conducted 
at the Open Vehicle Storage Area, Former Uncurbed Aboveground Storage 
Tank (AST) North of Building 532, and the Backwash Discharge Area from 
the Water Treatment Plant. The soil investigations are summarized in 
the following paragraphs.
Open Vehicle Storage Area (OVSA) Site (Part of Soil OUs PDO OU 6 and SE 
OU 8)
    The OVSA comprises the majority of Parcel 3-89. From approximately 
1947 and continuing until the spring of 1998, the OVSA site was used 
for the storage of military vehicles. The most recent past practice of 
storage required that the

[[Page 43086]]

vehicles be drained of fluids (such as diesel fuel, oil, and other 
engine fluids) before being stored. However, interviews with former 
employees indicate that the vehicles were formerly stored ``wet,'' 
meaning that they were stored with the fluids still in the vehicle, and 
that the vehicles' fluids may have leaked onto the ground before they 
were refurbished.
    Remedial Investigations were conducted at the OVSA site in 1998, 
1999, and 2000. The investigations showed possible risks associated 
with elevated levels of a group of semivolatile organic compounds 
(SVOCs) referred to as polycyclic aromatic hydrocarbons (PAHs) in soil. 
An engineering evaluation/cost analysis (EE/CA) was written to evaluate 
the need for a removal action. Based on the EE/CA findings a Removal 
Action was conducted in 2000. The cleanup levels used for the removal 
action were developed based on a future commercial/industrial post-
removal reuse of the site. Approximately 45,000 tons of soil 
contaminated with PAHs were excavated and disposed of at approved off-
site waste disposal facilities. Confirmatory sampling conducted after 
the removal action showed that the remaining concentrations of PAHs 
were at or below risk-based standards. A post-removal risk assessment 
was performed assuming a future commercial/industrial use as well as a 
potential future residential (unrestricted) use. The risk assessment 
showed concentrations of chemicals found in site soils, sediments, 
surface water, and groundwater posed no unacceptable risks to people, 
plants, or animals based on current and future commercial/industrial 
reuse. Risks to people based on a theoretical future residential use 
are within acceptable limits.
Former Uncurbed Aboveground Storage Tank (AST) North of Building 532 
Site (Part of PDO OU 6)
    This is a small site that consists of a former aboveground storage 
tank (AST) area. Initially, there was an uncurbed single-walled AST 
(275 gallons) located north of Building 532 that stored gasoline used 
to fuel golf carts. This single-walled AST was replaced by a double-
walled AST. It is unknown how long the single-walled AST was in 
service. The soils near the uncurbed AST were not investigated prior to 
the change in ASTs. The double-walled AST was still in place at the 
time of the remedial investigation in 1999; however the double-walled 
AST has subsequently been removed because the golf course converted to 
electric golf carts.
    An investigation was completed to determine if the operation of the 
former AST at the site had caused a release of contaminants to site 
soil. Soil sampling was performed in April 1999. Soil borings, soil 
sampling and analysis, data validation, and surveying were performed. 
The investigation results did not indicate any chemicals of concern 
(COCs) in soil and there were no potential sources of groundwater 
contamination found. Only two chemicals (acetone and lead) were 
identified as chemicals of potential concern (COPCs) based on a 
comparison of maximum chemical concentrations to the lowest regulatory 
residential benchmarks. However, the remedial investigation/risk 
assessment showed that concentrations of chemicals found in site soils 
pose no unacceptable risks to people based on current and likely future 
commercial/industrial use. Risks to people are also within acceptable 
limits based on a theoretical future residential use. There is minimal 
habitat available capable of sustaining plants and animals at this 
site; therefore, ecological risks were not evaluated.
Backwash Discharge Area From the Water Treatment Plant Site (Part of SE 
OU 8)
    This site is located in the eastern part of the parcel along Coffey 
Avenue, near the water treatment plant for the potable water supply. In 
the past, sediments that accumulated in the raw water line were flushed 
out in the western area of the site. In the past, fluffy material 
(referred to as ``flocculant''), which primarily consists of suspended 
solids removed from the water during the treatment process, was 
discharged to the eastern area of the site for settling.
    An investigation was completed to determine if the former water 
treatment plant flocculant and backwash sediment disposal practices had 
caused a release of contaminants to site soil and sediments. Field 
activities were performed in October 1998. Soil borings, soil and 
drainage ditch soil sampling and analysis, sediment sampling and 
analysis, data validation, and surveying were performed. The 
investigation results did not indicate any COCs in soil and there were 
no potential sources of groundwater contamination found. Various metals 
were identified as COPCs based on a comparison of maximum chemical 
concentrations to the lowest regulatory residential benchmarks. 
However, the remedial investigation/risk assessment showed that 
concentrations of chemicals found in site soils pose no unacceptable 
risks to people, plants, or animals based on current and likely future 
commercial/industrial uses. Risks to people are also within acceptable 
limits based on a theoretical future residential use.
Parcel 3-90
    Parcel 3-90 is approximately 8 acres in size and is located south 
of Carbaugh Avenue and west of Coffey Avenue. Parcel 3-90 is located in 
both the PDO and SE Areas. There are no structures on this parcel. This 
parcel is currently open land and has been an open area in the past 
with no apparent storage or industrial activities. No further work was 
necessary.
Parcel 3-91
    Parcel 3-91 is approximately 1.5 acres in size and is located east 
of Coffey Avenue and north of Texas/Innovation Avenue in the 
southeastern corner of the SMSR. Parcel 3-91 is located entirely within 
the SE Area. There are no structures on Parcel 3-91. This parcel 
consists entirely of the western portion of the Building 400 Series 
Fire Training Area (FTA) site where industrial activities occurred. The 
Building 400 Series FTA area had been reportedly used in the past for a 
short period of time as a fire-fighting training area where a large 
metal pan was placed on the ground and filled with various flammable 
liquids, which were ignited. There was no record of the exact location 
of the pan, years of use, or when or if the pan was removed from the 
area when training activities ended. Historical aerial photographs from 
1949 and 1957 show several disturbed places in this area. Based on 
knowledge of typical fire-training activities at LEAD, materials burned 
at the site may have included waste oils. There were no structures or 
material/waste storage on the site at the time of the remedial 
investigation in 1998. The only structures in the vicinity of the site 
were several old barracks/office buildings, which are still located 
near the site.
    An investigation was completed to determine if the former fire 
training activities had caused a release of contaminants to site soil. 
Field activities were performed in September 1998. A geophysical 
survey, test trenching, soil sampling and analysis, data validation, 
and surveying were performed. The investigation results did not 
indicate any COCs in soil and there were no potential sources of 
groundwater contamination found. One VOC (acetone), two SVOCs (PAHs), 
various metals, and polychlorinated dibenzo-p-dioxins/polychlorinated 
dibenzofurans (PCDDs/PCDFs) were identified as

[[Page 43087]]

COPCs based on a comparison of maximum chemical concentrations to the 
lowest regulatory residential benchmarks. However, the remedial 
investigation/risk assessment showed that concentrations of chemicals 
found in site soils pose no unacceptable risks to people, plants, or 
animals based on current and likely future commercial-industrial use. 
Risks to people are also within acceptable limits based on a 
theoretical future residential use.

Groundwater

SMSR Groundwater
    As stated above, all of the parcels in this partial deletion are in 
the SMSR. The SMSR contains an area of shale bedrock surrounded by 
downgradient limestone bedrock. This shale bedrock is generally more 
resistant to weathering than the surrounding limestone formations and 
therefore, forms the ``highland'' or elevated ridge areas. The SMSR 
straddles the boundary between the PDO and SE Area NPL Sites. Based on 
the geologic and topographic upgradient setting and the lack of 
industrial activities within the SMSR it was thought that the SMSR 
could be unaffected by the known and potential VOC sources located 
downgradient of the SMSR. Therefore a groundwater investigation was 
initiated in 1999 to prove that the SMSR was not impacted by any 
previous industrial activities at Letterkenny. Four rounds of 
groundwater sampling were conducted in late 1999 through 2000 and then 
in 2002. Results of the sampling showed that there is no VOC 
groundwater contamination in the SMSR. Without VOC groundwater 
contamination there is no potential for vapor intrusion risk throughout 
the SMSR. A screening level risk assessment showed that risks to people 
based on current and future commercial/industrial use are within 
acceptable limits. Risks to people based on a possible, but unlikely, 
residential use (including human consumption of site groundwater) are 
within acceptable limits. Based on the finding of no VOC contaminated 
groundwater, the PDO portion of the SMSR was redefined as PDO OU 7 and 
the SE portion was redefined as SE OU 13.
Parcels 2-53L, 2-54L, and 2-70L
    These parcels consist of land underneath parcels 2-53, 2-54, and 2-
70, which were previously transferred as part of the Phase II BRAC 
property transfer at LEAD. These parcels consist of land starting 8 ft. 
below ground surface and extending to the center of the earth. They are 
located in the southern part of the SMSR/Phase III area within SE OU 
13. As stated above, in the Phase II transfer, the entire land area was 
not originally transferred because it was thought the groundwater 
located underneath the land was potentially contaminated with VOCs. 
These parcels were investigated as part of the SMSR groundwater 
investigation described previously. The Army has completed its 
investigation and risk assessment for the SMSR groundwater and found no 
environmental concerns at the site. The top portions of these parcels 
were transferred with an interim remedy for groundwater consisting of 
restrictions on soil excavation and groundwater use because at that 
time it was thought that the groundwater underneath the parcels was 
contaminated. The Phase III ROD stated that the soil excavation and 
groundwater restrictions could be removed.

Selected Remedy--Phase III Parcels

Soil
    As stated above, all parcels subject to this partial deletion are 
part of the SMSR for Parcel 3-89, the Army, EPA, and PADEP have 
determined that risks to people, plants, and animals from potential 
contact with soils/sediments were acceptable at the OVSA, Former 
Uncurbed AST North of Building 532, and the Backwash Discharge Area 
sites and that no action is necessary to protect public health or 
welfare or the environment. For the OVSA site, this conclusion is based 
on the conditions of the site following the removal action that was 
performed in 2000 when PAH-contaminated soil was removed from the site. 
There were no environmental concerns in Parcels 3-90 and 3-91.
Groundwater
    Based on the findings of the SMSR groundwater investigation, there 
is no VOC groundwater contamination and thus no unacceptable risks from 
groundwater in this area.
    The Phase III ROD was signed in August 2003. Based on the results 
of the remedial investigations and risk assessments it was determined 
that No Further Action was necessary for the Phase III Parcels under 
CERCLA. The No Further Action remedy applies to the SMSR groundwater 
(PDO OU 7 and SE OU 13) and to the soils (PDO OU 6 and SE OU 8). In 
addition the ROD stated that no further action was necessary for the 
groundwater underlying Phase I Parcels 24, 27, 28 and Phase II Parcels, 
2-53, 2-54, 2-70 and the underlying Parcels 2-53L, 2-54L, and 2-70L 
because they are a part of SE OU 13.

Response Actions/Cleanup Goals/Operation & Maintenance

    There are no response actions, cleanup goals, or operation & 
maintenance due to the No Further Action decision in the Phase III ROD 
for both soils and groundwater. Land use controls restrict the use of 
Phase I parcels to commercial and industrial use only and prohibit 
residential use.

Five-Year Review(s)

    EPA concurred with the Army's first Five-Year Review for the PDO 
Area on March 12, 2007. EPA concurred on the first Five-Year Review for 
the SE Area in November 2001 and the second Five-Year Review for the SE 
Area on June 24, 2008.
    In the 2007 Five-Year Review for the PDO Area, it was determined 
that the No Further Action Remedy for PDO OU 7 and a portion of PDO OU 
6 is still considered protective of human health and the environment. 
This Five-Year Review did not find any issues relating to the parcels 
included in this partial deletion.
    In the 2008 Five-Year Review for the SE Area, it was determined 
that the No Further Action Remedy for SE OU 13 and a portion of SE OU 8 
is still considered protective of human health and the environment. 
This Five-Year Review did not find any issues relating to the parcels 
included in this partial deletion.
    Pursuant to CERCLA section 121(c) and the NCP, the next PDO Area 
five-year review will be conducted in 2012 and the next SE Area five-
year review will be conducted in 2013 to ensure other OUs at each 
respective Superfund Site where waste was left in place are protective 
of human health and the environment.

Community Involvement

    Public participation activities have been satisfied as required in 
CERCLA section 113(k), 42 U.S.C. 9613(k), and CERCLA section 117, 42 
U.S.C. 9617. Documents in the deletion docket which EPA relied on for 
recommendation of the deletion from the NPL are available to the public 
in the information repositories.
    Public participation related to parcels in deletion package:

--Phase I Proposed Plan public meeting held on April 7, 1998 to present 
the proposed remedy for the Phase I Parcels.
--Phase II Proposed Plan public meeting held on February 22, 2001 to 
present the proposed remedy for the Phase II Parcels.
--Phase III Proposed Plan public meeting held on April 23, 2003 to

[[Page 43088]]

present the proposed remedy for the Phase III Parcels.

Determination That the Criteria for Deletion Have Been Met

    No further response action under CERCLA is appropriate. EPA has 
determined based on the investigations conducted at these parcels and 
documented by the 3 RODs described above, that the Army has implemented 
all appropriate response actions required. Through the previous PDO and 
SE areas five-year reviews, EPA has also determined that the Phase III 
Parcels No Further Action remedy is considered protective of human 
health and the environment and, therefore, taking of additional 
remedial measures is not necessary. Other procedures required by 40 CFR 
300.425(e) are detailed in Section III.

V. Deletion Action

    The EPA, with concurrence dated March 2, 2010 of the Commonwealth 
of Pennsylvania through the Pennsylvania Department of Environmental 
Protection, has determined that all appropriate response actions under 
CERCLA have been completed. Therefore, EPA is deleting parcels 24, 27, 
28, 2-53, 2-53L, 2-54, 2-54L, 2-70, 2-70L, 3-89, 3-90, and 3-91 of the 
Letterkenny Army Depot SE and PDO Areas Sites from the NPL.
    Because EPA considers this action to be noncontroversial and 
routine, EPA is taking it without prior publication. This action will 
be effective September 21, 2010 unless EPA receives adverse comments by 
August 23, 2010. If adverse comments are received within the 30-day 
public comment period, EPA will publish a timely withdrawal of this 
direct final notice of partial deletion before the effective date of 
the partial deletion and it will not take effect. EPA will prepare a 
response to comments and continue with the deletion process on the 
basis of the notice of intent to partially delete and the comments 
already received. There will be no additional opportunity to comment.

List of Subjects in 40 CFR Part 300

    Environmental protection, Air pollution control, Chemicals, 
Hazardous waste, Hazardous substances, Intergovernmental relations, 
Penalties, Reporting and recordkeeping requirements, Superfund, Water 
pollution control, Water supply.

    Dated: July 12, 2010.
William C. Early,
Acting Regional Administrator, Region III.

0
For the reasons set out in this document, 40 CFR part 300 is amended as 
follows:

PART 300--[AMENDED]

0
1. The authority citation for part 300 continues to read as follows:

    Authority:  33 U.S.C. 1321(c)(2); 42 U.S.C. 9601-9657; E.O. 
12777, 56 FR 54757, 3 CFR 1991 Comp., p. 351; E.O. 12580, 52 FR 
2923, 3 CFR 1987 Comp., p. 193.

0
2. Table 2 of Appendix B to part 300 is amended by revising the entries 
under Pennsylvania for ``Letterkenny Army Depot (SE Area), 
Chambersburg'' and ``Letterkenny Army Depot (PDO Area), Franklin 
County'' to read as follows:

Appendix B to Part 300--National Priorities List

                                       Table 2--Federal Facilities Section
----------------------------------------------------------------------------------------------------------------
                 State                             Site name                   City/County           Notes (a)
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
PA....................................  Letterkenny Army Depot (SE      Chambersburg............               P
                                         Area).
 
                                                  * * * * * * *
 
                                                  * * * * * * *
PA....................................  Letterkenny Army Depot (SE      Franklin County.........               P
                                         Area).
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------
(a)* * *
*P= Sites with partial deletion(s).

[FR Doc. 2010-17776 Filed 7-22-10; 8:45 am]
BILLING CODE 6560-50-P